Q: What branch of government is a Michigan district court probation officer? (case law/MCL reference would be appreciated)
The material issue is the issuance of a felony arrest warrant and three search warrants in a felony criminal case, behalf a non-attorney Michigan District Court Magistrate, who simultaneously holds the position of a Michigan District Court Probation Officer, in violation to the "neutral and detached" requirement. The following is provided in order to use time wisely. "Pursuant to MCL 791.201, the Department of Corrections was created under the Corrections Code, and was given exclusive jurisdiction pursuant to MCL 791.204 over, inter alia, probation officers."People v. Kern, 288 Mich. App. 513, 793 N.W. 2d 362, (2010).Subject to constitutional powers vested in the executive and judicial departments of State, the department shall have exclusive jurisdiction over all of the following: probation officers of this State, and .... MCL 791.204(a). Does above "probation officer" reference include District Court Probation Officers? If District Court Probation Officers are not under MDOC then who
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A:
In Michigan, district court probation officers are part of the judicial branch, as they work directly for the district courts. The case law you referenced, People v. Kern, confirms that the Michigan Department of Corrections (MDOC) has jurisdiction over probation officers under MCL 791.204. However, this jurisdiction primarily applies to those probation officers supervised by the MDOC, rather than district court probation officers who operate under the district court system.
The district court probation officers are appointed and supervised by the district courts themselves, not the MDOC. This means they are under the direct control and supervision of the judicial branch. As a result, their role and authority are distinct from those probation officers who report to the MDOC.
If you are addressing the issue of neutrality and detachment, it is critical to note that district court probation officers should not simultaneously hold positions that could compromise their impartiality, such as a magistrate issuing warrants. This dual role could be a violation of the required neutrality, as highlighted in the People v. Kern case. Therefore, the "probation officer" reference in MCL 791.204 does not typically include district court probation officers.
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